HomeMy WebLinkAboutComm No 0020 - Transmit CA-6Douglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
Date: October 30, 2018
2018-2020
HAWAII COUNTY
CHARTER COMMISSION
To: Members of the Hawai`i County Charter Commission
From: Douglass Shipman Adams, Chair
Hawai`i County Charter Commission
William Carthage Bergin
Michelle Galimba
Paul K. Hamano
Kevin D. Hopkins
Bobby Jean Akane Leithead Todd
Sarah H. Rice
Christopher John Imiloa Roehrig
Marcia A.K. Saquing
Donna Mae Springer
RE: Transmitting CA -6; Proposed Amendment to Section 7-2.3 and Section 7-4.3;
Submitted by Commissioner Saquing
Please find attached CA -6, which proposes to amend Section 7-2.3 and Section 7-4.3 of
the Hawai`i County Charter (2016 Edition), to expressly authorize the Police
Commission the authority to discipline the Chief of Police and the Fire Commission the
authority to discipline the Fire Chief.
CA -6 will be placed on the November 9, 2018, meeting agenda for its initial
consideration and approval prior to first reading.
Should you have any questions, please contact our Commission Analyst, Jon Henricks.
DSA/jdh
Hawai`i County is an Equal Opportunity Provider and Employer
Comm. No. 20
PROPOSAL NO. CA -6
(For Commission Use Only)
2018-2020 HAWAI`I COUNTY CHARTER COMMISSION
CHARTER AMENDMENT PROPOSAL FORM
1. GENERAL INFORMATION
Name of Commission Member: Marcie Saquing
2. If applicable, list the Section number(s) of the charter provision(s) to be deleted or amended:
Section 7-2.3: Chief of Police and Deputy
Section 7-4.3: Fire Chief
3. Provide a brief description of the purpose of the proposed charter amendment; include
a description of the issue the proposal would address:
This proposed charter amendment would pertain to the Chief of Police and the Fire Chief
in their respective sections in keeping alignment with regard to:
a. Appointment
b. Discipline/Removal
c. Processes for Police/Fire Chief to response to discipline/removal
The key to this amendment is including the word "discipline ".
4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction,
name the jurisdiction and, if possible, attach a copy of the relevant provision(s).
N/A
Form CA -1
Revised 8/29/18
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5. If the proposal is based on any written materials you have, please attach a copy with a
citation to its source.
Based on recommendation of Communication # 1.7
NOTE: PLEASE COMPOSE IN THE RAMSEYER FORMAT FOR ME
Proposed charter amendment:
(to be noted in both 7-2.3 & 7-4.3)
The chief of police/fire chief shall:
1. be appointed by the police/fire commission.
2. may be disciplined and removed by the police/fire commission at its sole
discretion.
3. Any motion for discipline or removal of the police/fire chief must have a
statement of reasons and the commission shall not vote to remove the chief unless
the police/fire chief has been given the opportunity to respond to the statement of
reasons at a hearing before the commission.
For section 7-2.3 — Police: Remove the entire 1st & 2nd sentences and replace with the
aforementioned blue highlighted text.
For section 7-4.3 — Fire: Remove the entire 1st & 2nd sentences and replace with the
aforementioned blue highlighted text.
See reverse side
Form CA -1
Revised 8/29/18
2 of 4
6. Attach the text of the proposed charter amendment in Ramseyer format (see below).
Ramseyer Format, if proposing:
Amendments to Existing Charter Provisions
Any language being proposed to be added to the Charter shall be underscored.
Any language being proposed to be deleted from the Charter shall be [bracketed and
stricken] .
Replacing Existing Charter Provisions in their Entirety
Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed
to be deleted, and provide the text of any provisions proposed to replace the deleted
material.
New Charter Provisions
Provide the text of the new provision(s) and, if possible, indicate where in the Charter the
new material should be inserted.
Form CA -1
Revised 8/29/18
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Full Text for CA -6
1. Amend Section 7-2.3 to read:
"Section 7-2.3. Chief of Police and Deputy.
The chief of police shall be appointed by the police commission and may be
disciplined or removed by the police commission at its sole discretion.
Q Any motion for discipline or removal of the chief of police must contain a
statement of reasons, and the commission shall not vote to discipline or remove
the chief of police unless the chief of police has been given an opportunity to
respond to the statement of reasons at a hearing before the commission.
The deputy shall be appointed by the chief of police with the confirmation of the
police commission and may be removed by the chief of police with the approval
of the commission, without cause being stated.
The chief of police shall have had a minimum of five years of training and
experience in law enforcement work, including at least three years in a
responsible administrative capacity."
2. Amend Section 7-4.3 to read:
"Section 7-4.3. Fire Chief.
(a) The fire chief shall be appointed by the fire commission and may be disciplined or
removed by the fire commission at its sole discretion.
Q Any motion for discipline or removal of the fire chief must contain a statement of
reasons, and the commission shall not vote to discipline or remove the fire chief
unless the fire chief has been given an opportunity to respond to the statement of
reasons at a hearing before the commission.
[(b)]ic,) The fire chief shall have had a minimum of five years of training and experience
in fire control, including at least three years of experience in a responsible
administrative capacity."
Form CA -1
Revised 8/29/18
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